Contractor Training

Recently I was involved in a CalOSHA PSM inspection where CalOSHA requested that the facility provide “contractor training records related to any and all work done on the ammonia process done by contractors”.  The response from the facility was: “Who is responsible to train contract employees who perform work at my facility?”  This is a great question, and the best way to find the answer to this question is by turning to what the regulation states.

Cal PSM Title 8 §5189 (h) Contractors 
(1) The employer shall inform contractors performing work on, or near, a process of the known potential fire, explosion or toxic release hazards related to the contractor’s work and the process, and require that contractors have trained their employees to a level adequate to safely perform their job. The employer shall also inform contractors of any applicable safety rules of the facility, and assure that the contractors have so informed their employees.

(2) The employer shall explain to contractors the provisions of the emergency action plan required in subsection (n).

(3) Contractors shall assure that each of their employees have received training to safely perform their job and that the contract employees shall comply with all applicable work practices and safety rules of the facility.

(4) The contractor’s training program shall be performed in accordance with the requirements of subsection (g).

It is clear in the contractor requirements listed above that the “contractor” is required to train their employees to perform their job safely.

It is also clear that the “employer” shall inform and explain to the “contractor” the hazards of the process, safety rules of the facility, facility evacuation plan, and ensure that the “contractor’s” employees are qualified to perform their job task safely.

It appears clear to me that CalOSHA was requesting training records from the contractor that would validate their qualification to service/perform job tasks on the ammonia refrigeration system. These training records could include RETA courses/certifications, SOP training, Ammonia Safety Days, etc.

Although the regulation states that the employer shall inform and explain, the best way to validate the “informing” and “explaining” of the requirements in the regulation is through training records and documenting these events. Documentation is king.

In this case, to best accommodate the document request from CalOSHA, the facility being inspected must compile the following “contractor” training documentation:

• Hazards of the process (employer responsibility)
• Facility safety rules (employer responsibility)
• Emergency Action Plan (employer responsibility)
• Safely perform job task (contractor responsibility)